TERMS OF SERVICE
These Terms and Conditions govern the use of our photobooth services provided by Viva Celebrations. By booking and using our services, you agree to comply with these terms.
1. Booking and Payment
1.1. A non-refundable deposit of 50% is required to secure your booking.
1.2. The balance of the booking cost is payable prior to your event.
1.3. If the balance of the booking and the bond are not received prior to the start of the event, the booking will be cancelled, and you will forfeit the deposit.
1.4. If you requests use our services in excess of the time noted on the Booking Agreement, this will be charged at an additional rate depending on the package selected for each additional hour requested.
2. Delivery, Set up, Pack down & Attendants
2.1. Set up & pack down of our services are FREE of charge within 40km of Central Sydney & Metro area.
If the event is outside of this area, additional fees may apply.
2.2. You shall ensure a safe and appropriate environment/location is provided for us to operate our equipment.
2.3. You must ensure:
2.3.1. a space of 3m x 3m x 3m or more; and
2.3.2. access to 240v power within 10m of Viva Celebrations equipment.
2.4. You are responsible for providing parking for Viva Celebrations staff for the duration of the event and for bump in and out. If not, a fee will be incurred.
2.5. You are also responsible for allowing Viva Celebrations a 2-hour bump in time prior to event starting with a 1 hour bump out time.
2.6. Attendants are provided with every hire and are to be provided with a supplier meal at all functions of 4 hours or more to the same standard as the guests of the function.
2.7. Pack down commences directly after the hire time finishes unless agreed to between you and Viva Celebrations.
3. Changes & Cancellations
3.1. Requests for changes of the event date must be made at least 30 days before the original event date. A date change is subject to availability.
3.2. Cancellations made more than 30 days will result in the booking deposit is forfeited. Any other payments made after the deposit and if the event date is more than 30 days, the additional payments will be refunded to you.
3.3. Cancellations made within 30 days will forfeit all payments.
3.4. All cancellations will be assessed on a case-by-case basis.
4. Force Majeure
4.1. Certain events, beyond the reasonable control of Viva Celebrations, may inhibit from fulfilling our duties, services and obligations. Viva Celebrations will not be held liable for events beyond our reasonable control in conjunction with Force Majeure.
4.2. The term “force majeure” means an act of God, a strike, lockout, act of public enemy, civil commotion, war, blockade, riot, state of emergency, lightning, fire, storm, flood, washout, explosion, Government restraint, or any form of Governmental intervention and any other cause which is not within the control of the party alleging it.
5. Equipment and Safety
5.1. Viva Celebrations do not allow food or drinks in or around the photobooth area for occupational health and safety reasons. We kindly ask your guests to leave their food and drinks outside the booth at all times.
5.2. Damage to any equipment and/or electronics during the event are your responsibility. If damage occurs due to guest behaviour or misuse, you will be charged for replacement/ repairs of the equipment and/or electronics damaged.
5.3. Viva Celebrations will not tolerate any threat, implied threat, harm or violation of its employees or equipment.
5.4. If any of these terms are violated Viva Celebrations has the right to cease services without refund.
5.5. Viva Celebrations staff have the right to refuse the service to any person or cease the full service to all if they feel the photobooth is being mistreated or damaged.
5.6. At all times, children under the age of 12 are to be accompanied by an adult when using the booth. The photo booth is not to be used for child minding as the attendants do not have the required accreditations.
6. Images
6.1. By using our photobooth services, you grant us permission to use any images taken during the event for marketing purposes, including but not limited to social media, our website, and promotional materials.
6.2. If you do not wish for images to be used, please notify us in writing before the event. We will not use images which may be deemed inappropriate or damaging to any user/s of our services and can be removed upon request.
6.3. All images will be provided to you via Google Drive or USB following the event and will be deleted from our equipment 28 days after the event date.
6.4. Viva Celebrations take no responsibility for any loss or damage to those images once we provide images to you.
7. Technical Details
7.1. If for unforeseen reasons, there is a problem with the photobooth during the event, Viva Celebrations will try and resolve the issue as quickly as possible.
7.2. Viva Celebrations will also stay for an additional period than the original hired time to make up for any lost use of the photobooth caused by the issue. Each case is taken into consideration and based on the issues. At times, it can be due to power at the venue as an example and is out of our control.
7.3. If the problem cannot be solved on the day, you will be offered another photobooth hire to the value of the remaining time from when the problem occurred, or a part refund would be considered to the value of the time remaining.
7.4. At no stage will a full refund be offered.
8. Indemnification
8.1. Viva Celebrations will not be held responsible for any circumstances outside their control. This includes, but is not limited to, fire, riot, civil commotion, accidents, acts of nature and equipment failure. If such circumstances arise, all reasonable efforts will be made by Viva Celebrations to provide service or find a suitable replacement service. If this is not be possible, you will receive a refund of all payments received by Viva Celebrations for the booking.
8.2. You agree that in all circumstances, Viva Celebrations’ liability is limited to an amount equal to the booking cost and not be liable for indirect or consequential damages.
9. Governing Law
9.1. These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.
10. Amendments
10.1. We reserve the right to amend these Terms and Conditions at any time. Any changes will be communicated to you in writing and will apply to future bookings.